When culture becomes AI infrastructure: copyright and the emergence of chokepoint capitalism in Europe

Lawful cultural extraction may leave chokepoints intact while making them harder to see. This article examines that risk in European Union copyright and AI governance. Combining doctrinal legal analysis with legal political economy, it applies Giblin and Doctorow’s account of chokepoint capitalism to cultural inputs and AI-generated outputs, distinguishing barriers, practical dependency, intermediary control and capture. The analysis identifies how rights reservations, licensing and transparency duties may protect cultural interests while leaving authors, performers, cultural heritage institutions and communities dependent on intermediaries for access, representation and remuneration. It proposes interoperability and portability, collective representation and remuneration, contractual safeguards, public or cooperative infrastructure, platform accountability and cultural contestability. These measures are assessed for their capacity to reduce dependency and their potential to create new intermediaries whose authority cannot readily be challenged. The article concludes that cultural accountability requires attention to the practical conditions for exercising rights and participating in decisions about culture.

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Publication Details

Journal
International Journal of Cultural Policy
Published
2026-10-29
DOI
https://doi.org/10.1080/10286632.2026.2751721
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00

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article

When culture becomes AI infrastructure: copyright and the emergence of chokepoint capitalism in Europe

Artha Dermawan
2 links
International Journal of Cultural Policy
Law, AI, and Intellectual Property
article

When culture becomes AI infrastructure: copyright and the emergence of chokepoint capitalism in Europe

Artha Dermawan
article en

Abstract

Lawful cultural extraction may leave chokepoints intact while making them harder to see. This article examines that risk in European Union copyright and AI governance. Combining doctrinal legal analysis with legal political economy, it applies Giblin and Doctorow’s account of chokepoint capitalism to cultural inputs and AI-generated outputs, distinguishing barriers, practical dependency, intermediary control and capture. The analysis identifies how rights reservations, licensing and transparency duties may protect cultural interests while leaving authors, performers, cultural heritage institutions and communities dependent on intermediaries for access, representation and remuneration. It proposes interoperability and portability, collective representation and remuneration, contractual safeguards, public or cooperative infrastructure, platform accountability and cultural contestability. These measures are assessed for their capacity to reduce dependency and their potential to create new intermediaries whose authority cannot readily be challenged. The article concludes that cultural accountability requires attention to the practical conditions for exercising rights and participating in decisions about culture.

International Journal of Cultural Policy
University of Lapland (FI)
European Commission, HORIZON EUROPE Framework Programme
Peace, justice, and strong institutions
Openalex Percentile: Top 14%
Law, AI, and Intellectual Property
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